Marijuana

Published on: August 23, 2024

Ocean City to Allow Marijuana Dispensaries

While marijuana has been sold recreationally in Maryland for over a year, the Ocean City town government had been reluctant to play along with the rest of the state. Recreational marijuana dispensaries opened for business in Maryland on July 1, 2023, but a moratorium on cannabis sales prevented dispensaries from operating anywhere in the town limits of Ocean City. This week the town government finally lifted the ban with the unanimous passage of a zoning ordinance that aligns the town with the statewide cannabis policy. Marijuana can now be sold for recreational purposes provided licensed dispensaries are located at least 100 feet from any residentially zoned area and 500 feet from any pre-existing primary or secondary school or childcare facility. Pot shops must also be more than 500 feet from pre-existing playgrounds, recreational centers, libraries, public parks and places of worship. The town also reserves the right to assure dispensaries are separated by a minimum of 1,000 feet from each other and up to .5 mile. There is no language in the ordinance that mentions whether dispensaries would be allowed on the famous boardwalk, so it seems this popular area would be open for business. Licensed dispensaries would be able to operate from 8 in the morning to 11 at night which gives retailers 3 more hours to sell their product. The previous hours of operation were limited to 9 a.m. to 9 p.m. Bars in the town are permitted to sell liquor until 2 a.m., and as a result there hasn’t been much resistance from the public for the extended hours.

Alcohol remains a more pressing issue for Ocean City law enforcement, as there were more than 30 DUI arrests in July compared to one marijuana citation during the same period. As with the rest of the state, it remains to be seen whether opening recreational dispensaries will bring any negative attention to Maryland’s only beachfront town. Up until now there have been no dramatic public safety consequences of legalizing marijuana for recreational use in Maryland, and there is no reason to think Ocean City would not be able to enjoy the benefit of increased commerce without any potential public safety risk.

The Blog will continue to follow the implementation of recreational cannabis in Ocean City and all other Maryland jurisdictions. We may post a follow up article in the near future so stay tuned. If you have a question about the cannabis laws or have been charged with a crime, contact Maryland criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in drug crimes such as importation of cannabis over 5 kilograms, which is still a felony under Maryland criminal law 5-614. This offense carries up to 10 years in prison, which jumps to 25 years in prison if the amount is over 45 kilograms. Benjamin also has extensive experience defending clients charged with possession with intent to distribute marijuana in Ocean City and all other Maryland jurisdictions, which is now a misdemeanor under state law. Defendants who are arrested with a firearm and a large quantity of marijuana are often charged incorrectly with possession of a firearm in a drug trafficking crime, but this charge would not apply unless the facts support an importation charge. Only felony drug offenses are classified as drug trafficking crimes under Maryland law. A person could easily face firearm drug trafficking charges if police find a decent amount of cocaine, heroin, meth or MDMA along with a gun, but not for less than 12 pounds of weed. Contact Ocean City criminal defense lawyer Benjamin Herbst anytime for a free consultation about your Maryland drug or gun case at 410-207-2598.

Continue reading →

Published on: January 10, 2024

Marijuana Based Automobile Search Law Under Fire

By Benjamin Herbst

When recreational marijuana use became legal this past summer police officers were stripped of a major law enforcement tool. Probable cause vehicle searches based solely on the smell of cannabis has over the years resulted in hundreds if not thousands of arrests in Maryland for crimes ranging from drug trafficking to transporting a firearm. Many of these searches were suspect, as officers frequently performed them without ever locating actual marijuana. In cases where police seized other contraband such as guns, narcotics or stolen property from a vehicle an arrest was made, and the defendant prosecuted. The fact that the entire case began based off an error in judgment by a cop, or worse, a flat out lie rarely became a consequential issue. When arguing a motion to suppress evidence in an automobile search a judge must only be convinced that the officer acted on a probable cause belief that he or she would locate evidence of a crime. Probable cause is a much lower standard than proof beyond a reasonable doubt, which is the standard to determine guilt or innocence. Simply put, the deck was stacked against a defendant who was trying to fight an unlawful vehicle search based on alleged odor of marijuana.

The tide drastically changed when marijuana use by adults became legal. Currently if an officer smells marijuana during a traffic stop, there is no reasonable means to conclude that a crime is being committed based on the smell of pot alone, as possession of marijuana under the civil amount of 1.5 ounces is perfectly legal for someone 21 or older. Rather than face the prospect of hundreds of searches being overturned, lawmakers in Annapolis intervened and declared that officers would no longer be allowed to initiate warrantless vehicle searches based on the odor of cannabis. More than six months has passed since this law went into effect, and it still doesn’t sit right with many lawmakers. Back in November the Joint Republican Caucus stated it would attempt to overturn the law that now bars police from searching a vehicle based on the smell of weed. The law was passed during the final hours of the 2023 legislative session and resulted in a host of republican lawmakers walking off the House floor in protest. These politicians now argue that the search law prevents police from enforcing impaired driving laws, though this is a bit of a stretch. Their argument is that police officers who smell the odor of marijuana emanating from a moving vehicle would not be able to stop said vehicle and initiate an investigation. What this argument ignores is the fact that officers can still follow the vehicle and wait to observe signs of actual impairment or simply a traffic infraction. Additionally, police in Maryland are still able to conduct a traffic stop if they observe vehicle occupants actively smoking marijuana. Under Maryland law it is illegal to consume marijuana and alcohol inside a vehicle on a state roadway. A police officer who observes active marijuana smoking inside a vehicle would have reasonable suspicion to initiate a traffic stop, and then may develop probable cause to detain a driver for a DUI investigation.

While impaired driving concerns are potentially real, as states where marijuana use is legal have reported a slight uptick in injury auto accidents and traffic fatalities, the bigger issue with the no-search law may be the effect on overall crime prevention. Marijuana based vehicle searches have resulted in the seizure of hundreds of handguns over the years, and many of these firearms were taken from disqualified individuals. As firearm crimes and the number of illegal guns on Maryland streets continue to rise police are looking for more ways to get guns off the street, not less. The pervasiveness of ghost guns and the large number of juvenile gun crimes has also put the pressure on lawmakers and police to produce results. We will of course follow any measures to repeal the vehicle search law and may post a follow up article once any bills hit the floor in Annapolis. If you have been charged or are being investigated call Maryland gun and weapon crime lawyer Benjamin Herbst anytime at 410-207-2598 for a free consultation. Benjamin specializes in Maryland juvenile gun charges and adult charges for illegal possession of a firearm, minor in possession and violations of the wear, transport and handgun carry law. He has successfully represented dozens of out-of-state defendants from places like Virginia, Georgia and North Carolina where the gun laws are far more relaxed. He also defends clients charged with all other crimes in state and federal court, including possession of marijuana over civil, CDS narcotics violations, theft, robbery and traffic charges.

Continue reading →

Published on: December 6, 2023

Montgomery County Explores Cannabis Impairment Testing

By Benjamin Herbst

The Montgomery County Council is determined to crack down on driving while impaired by cannabis, but the method by which to accomplish this goal is still in still very much up for debate. This week members of the Montgomery County Council’s Public Safety Committee met to discuss the issue of marijuana induced impaired driving and the meeting offered some insight on the challenges facing police officers who are tasked with enforcing Maryland impaired driving laws. There is currently no valid scientific test for marijuana impairment that compares to a breathalyzer test, which is used to test blood alcohol content in DUI cases. Alabama is apparently one of the only states in the country that employs court approved saliva tests for cannabis concentration. Other states have been reluctant to use this questionable methodology due in part to THC being tracible for several weeks after ingestion.

Without a certified scientific test for cannabis concentration law enforcement officers must rely on their observations of the suspect to prove impairment to a judge or jury. These include the driving pattern of the suspect, his or her statements and standard field sobriety exercise such as the HGN test, walk and turn and the one-legged stand. Officers need to establish evidence of impairment before requesting participation in these exercises, and skilled criminal defense lawyers can often pick them apart if there is no corroborating evidence such as a scientific test or an admission by the suspect. Still, county officials are determined to even the playing field through the use of “green labs” where law enforcement officers can hone their cannabis impairment recognition skills.

Montgomery County is home to the state’s only green lab, where volunteers ingest cannabis in a controlled environment at the county police department’s training academy. The labs have been around for a few years after originally being proposed by a veteran traffic enforcement officer in 2017. Since then, the department has hosted several sessions, which start with the volunteers smoking marijuana, vaping or consuming edibles and then transition to an observation and testing period. There is no indication that the volunteers are asked to get behind the wheel of an automobile, and realistically this could only happen under extremely controlled circumstances in a closed area. These precautions would likely limit the amount of usable data, as there is simply no way to simulate driving in actual traffic. The labs likely offer police a glimpse of how a person under the influence of cannabis may look, sound and act, though how this translates to recognition of impairment is up for debate.

Continue reading →

Published on: June 28, 2023

New Maryland Marijuana Laws Effective this Weekend

By Benjamin Herbst

Recreational marijuana use will officially become legalized in Maryland this weekend, but there are still numerous limitations on who can purchase and where it can be consumed. The most important and impactful provision of the law that becomes effective on July 1 is that adults over the age of 21 can lawfully purchase and possess marijuana. Over the last decade the state has become increasingly lenient in regards to pot possession. It began with the implementation of the medical use provision, which offered a defense to those charged with marijuana possession who were using it for medical purposes. Lawmakers then decriminalized small amounts of marijuana but kept possession over 10 grams a crime. Currently possession of anything less than 2.5 ounces is illegal, but only punishable by a civil citation. On Saturday though, an adult of age can possess up to 1.5 ounces of marijuana flower or 12 grams of concentrate and be completely within the bounds of the law. Possession of more 1.5 to 2.5 ounces of flower 12 to 20 grams of concentrate could soon trigger a a civil infraction punishable by a fine of up to $250.

Possession of larger amounts of marijuana will still be a crime in Maryland despite legalization going into effect on July 1. Specifically, possession of more than 2.5 ounces of flower or more than 20 grams of concentrate will be a criminal offense that is punishable by potential jail time. This offense will be called possession of marijuana over civil amount, and starting this weekend will be punishable by up to 6 months in jail. Despite marijuana becoming legal, 21 or older will still not be permitted to smoke cannabis in a public place in Maryland. Violation of this provision is treated as a civil infraction punishable by a fine, but certain municipalities may decide to enact code that is stricter. This would be done in a manner that is similar to what Ocean City has done with possession of an open container of alcohol or drinking in public, which actually carries up to 90 days in jail. This municipal ordinance violation allows police to make an arrest in cases where a person’s return to court is not likely. Unfortunately, Ocean City police officers have taken advantage of their ability to make arrests on open container cases in the past, and we hope they do not continue this practice with smoking cannabis violations. There is no provision about consuming marijuana edibles, so it would not be a violation to eat cannabis products in public. Impaired driving laws will not be affected by the legalization of marijuana, and we can expect law enforcement agencies will continue to train their officers on the signs drug impairment.

On July 1, adults in Maryland will also be allowed to grow up to two cannabis plants as long as there are out of public view and not accessible by unauthorized individuals under the age of 21. The limit is two per household even if there are two or more adults living in the same home. Cannabis plants can only be grown if by the property owner or with the property owner’s consent. Violation of this provision could trigger a manufacturing charge that carries up to 3 years in jail and a $5,000 fine. Selling or distributing marijuana will continue to be illegal in Maryland, and punishable by a misdemeanor that carries up to 3 years in jail. However, police will have tighter restrictions when assessing whether to charge possession with intent to distribute. Mainly, possessing 2.5 ounces or less of marijuana is presumed to not be a crime unless there is direct evidence of intent to distribute. Adults are permitted to share, gift, or transfer marijuana to one another without breaking the law under the “adult sharing” subsection. Maryland law prohibits a person under the age of 21 from possessing or using marijuana without a medical cannabis card. Cards are available for adults 18 and over, and for minors under the age of 18 with a parent or guardian’s approval. Charges for possession of a large amount (more than 50 pounds) and importation of marijuana (45 kilograms) are so far not being modified in response to legalization, and still carry a potential 5-year mandatory sentence.

Continue reading →

Published on: March 21, 2023

Bill Limiting Searches Based on Marijuana Odor Advances

By Benjamin Herbst

The legalization of marijuana in Maryland will have a much broader reach than simply eliminating the prosecution of marijuana possession cases. Perhaps the largest collateral consequence of legalization is the effect it will have on law enforcement’s ability to search a vehicle. Even after marijuana possession was decriminalized police officers in Maryland maintained the ability to search a car based on the odor of marijuana. Police lost the ability to search a person and his or her belongings, but vehicles have been fair game. In fact, a police officer can technically initiate a traffic stop based on the odor of marijuana, without even observing a traffic violation.

A massive number of criminal cases start with the search of a suspect’s vehicle. Traffic stops are some of the only up-close encounters citizens ever have with police, and thus law enforcement agencies train their officers to take full advantage of these encounters. Police are trained to identify individuals who are likely to be engaged in criminal activity, and then to continue to develop them as suspects. Officers are permitted to initiate a traffic stop even if their ultimate goal is to obtain probable cause to search a vehicle. Pretextual stops, where officers wait for a vehicle to commit a minor traffic infraction with the larger goal of investigating a more serious offense, have always survived constitutional challenges. At the present time one of the most common ways to bridge pretextual and ordinary traffic stops to a probable cause search is the smell of marijuana. These stops account for a great deal of arrests for gun and drug possession cases, but the legalization of marijuana looks to throw a wrench in this common law enforcement tactic.

When marijuana becomes legal in Maryland on July 1, 2023 it will no longer be considered contraband and thus cannot be used to justify a criminal detention and search. This is something that law enforcement agencies and prosecutors have been planning for, but there is currently no policy in place that actually states a police officer will not be able to perform a search after smelling burnt or raw cannabis. It would have been a major waste of resources to simply do nothing and wait for a defendant to challenge a search in court. This path would have forced the Supreme Court of Maryland to establish the policy, but clearly having the legislature enact a law would be the preferred option. House Bill 1071 does just that, and after passing easily (99-34) in the House is headed for a vote in the Senate.

Continue reading →

Published on: February 16, 2023

Recreational Cannabis Bills Introduced

By Benjamin Herbst

Marijuana will be legalized for adult recreational use this summer, but until recently there was no indication when it would actually be available to purchase. Those following marijuana policy closely in Maryland are well aware that the first medical marijuana sales occurred almost five years after medical cannabis was signed into law by the governor. The delay was extremely frustrating for patients, lawmakers, government officials and investors, and not something anyone wanted to repeat. Considering much of the infrastructure already exists for selling cannabis, the delay for recreational sales to begin was never expected to approach five years. But would it take 1 or 2 years? Would there be a lengthy limbo period like in New York City or Washington D.C., where pot is legal but difficult or impossible to purchase lawfully? The referendum for legalization in Maryland easily passed in November of 2022, but it did not provide any clarity as to when recreational sales would actually begin. During the last couple of weeks though lawmakers in Annapolis have worked hard to instill confidence that on or about July 1 recreational marijuana will be available to adults over the age of 21.

Senate Bill 516 was recently introduced in the form of an 88-page behemoth that lays out a comprehensive plan for the state’s recreational cannabis plan. The companion bill, House Bill 556 is also 88 pages and is set for a hearing on February 17. Both bills aim to have recreational cannabis up and running this summer, and both would authorize at least 500 dispensary licenses as well as 50 on-site consumption licenses. If the bill becomes law there will soon be numerous establishments where any adult over the age of 21 could purchase and smoke marijuana in the state of Maryland. The bills also distinguish standard grower, processor and dispensary licenses from micro-licenses, which have smaller space limitations.

The bills also preserve the medical cannabis program by authorizing those under the age of 21 and over to purchase and possess up to 120 grams of cannabis or 36 grams of THC infused products. School personnel would be permitted to administer medical cannabis to a student as long as it is obtained from, and administered per a certified caregiver’s instructions. Students may be administered medical cannabis at school activities and on school busses. Medical cannabis would not subject to the same sales tax as recreational cannabis, which would start out at 6 percent and rise to 10 percent. Other provisions include prohibiting local governments from assessing their own taxes and from establishing zoning requirements that unduly burden cannabis licensees.

Continue reading →

Published on: January 4, 2023

New Marijuana Laws Effective in Maryland

By Benjamin Herbst

As of midnight on January 1, possession of more than 10 grams of marijuana is no longer a crime in Maryland, and more changes to the state’s pot laws are in store for the rest of 2023. Back in 2014 when Marijuana possession was first decriminalized there was much debate of the threshold amount. Some lawmakers argued for an ounce or more, while others fought for lower limits as a compromise for any decriminalization in the first place. As compromises typically go, many lawmakers left Annapolis wishing the decriminalization limit was different, but satisfied they got somewhere. There was never any real logic to the arbitrary limit of 10 grams, and despite repeated efforts to change the number, it stuck for more than 6 years. The 10-gram limit was always a placeholder, as recreational marijuana was a foregone conclusion. It seemed as if lawmakers put off raising the 10-gram limit because they knew its days were numbered by the implementation of a much larger policy change. Well, now that change is upon us, and it will soon be perfectly legal for an adult over the age of 21 to walk around with a bag of pot. But until that day arrives on July 1 when the trees are in full bloom and the sun is hot, adults without medical cards will still have to think twice about transporting their stash.

Marijuana possession for adults over the age of 21 was virtually erased from the books as a criminal offense in Maryland when the ball dropped this past Saturday. We say virtually because possession of more than 2.5 ounces is still a misdemeanor offense punishable by up to 6 months in jail. On the other hand, most people caught with more than 2.5 ounces will likely be charged with possession with intent to distribute or PWID as commonly called in the courts. PWID marijuana now a misdemeanor punishable by up to 3 years in prison and a $5,000 fine. Maryland law 5-602(b) states that “possession of the civil use amount of cannabis or the personal use amount of cannabis without other evidence of an intent to distribute or dispense does not constitute a violation [of the possession with intent to distribute law]”. This is part of the reason why the legislature decided on the 2.5-ounce threshold, and why the 10-gram threshold was mostly illogical. While there are some exceptions, lawful marijuana users typically to do not carry around more than 2.5 ounces of marijuana, an amount roughly the most a typical sandwich bag can hold. Lawmakers finally agreed to not subject marijuana users to criminal punishment, which was certainly not the case with the 10-gram limit. Recreational pot smokers routinely carry more than 10 grams of marijuana, as it is commonly purchased in half ounces or ounces (13 and 26 grams respectively). We applaud the legislature for raising the possession limits, though it still came a few years too late for some. Fortunately, there is now hope for all of those individuals charged and convicted with past possession of marijuana offenses in state court.

Another component of the new law that went into effect on January 1 is a provision entitling anyone with a marijuana possession conviction to have that conviction expunged. In addition, all marijuana possession convictions must be removed from public record by 2024. Gone are the days when a pot conviction will cost someone a job or admission into a school or program. The specific components of the temporary possession law state that a person who possesses up to 1.5 ounces of marijuana could face a civil fine of up to $100. Anyone caught with more than 1.5 ounces but less than 2.5 ounces faces a $200 civil fine, and as mentioned before, possession over 2.5 ounces is a crime punishable by up to 6 months in jail and a $1,000 fine. It is still a crime for young adults and juveniles to possess marijuana in Maryland, so if your child has been charged it is important to fight the case and to contact a lawyer.

Continue reading →

Published on: November 10, 2022

Maryland Voters Approve Marijuana Legalization

By Benjamin Herbst

Ten years ago marijuana first became legal in parts of the United States after voters in Washington and Colorado approved recreational cannabis. Over the last decade an additional 17 states and the District of Columbia all followed suit and voted to legalize marijuana use for adults. Maryland lawmakers have been tracking these trends for years, but had been remained hesitant to make any drastic changes to cannabis policy. Rather, lawmakers have steadily been taking small bites at the apple including lowering the maximum punishment for marijuana possession, creating a medical marijuana program, and then eventually decriminalizing possession of small amounts of cannabis. This past year lawmakers in Annapolis finally proved ready to take the big plunge, though they decided to leave it up to the voters to legalize pot once and for all. Passage of the ballot measure was never really in doubt, as previous polls had revealed approximately 60 percent of Maryland voters favored marijuana legalization. A 60/40 split may not seem like a large margin, but in the election world it’s actually fairly wide. The margin however turned out to be even wider in the real vote, as the measure passed with a 65.6 percent approval. Close to 1 million voters said yes to the question of whether citizens 21 and older should be able legally use cannabis Maryland, while just over 500,000 voted no. This signaled a borderline landslide victory for the good guys.

Now that the ballot measure passed there are a few important things to remember, as it is definitely not legal so spark up a joint on the street or fire up the basement hydroponic grow room just yet. First off, cannabis will not be legalized for recreational use until July 1 of 2023. Starting July 1, 2023 possession of up to 1.5 ounces of pot will be fully legal for adults over the age of 21 while possession of 1.5 to 2.5 ounces will constitute a civil infraction. Possession of over 2.5 ounces will be a misdemeanor punishable by 6 months in jail. On January 1, 2023 possession of up to 1.5 ounces will be decriminalized though still illegal (much like possession under 10 grams is currently). On July 1, adults will be able to grow up to two cannabis plants on their property as long as the plants are away from public view and protected from access by minors. Unlawful distribution of marijuana and possession with intent to distribute will no longer be a felony starting on July 1, but will still retain a harsh sentence of up to 3 years in jail. Mandatory expungements for past pot offenses that are no longer crimes will begin next year as well, but there is not definite timetable when recreational sales will begin. Finally, smoking in public will remain illegal, and will be punishable by a civil fine of up to $250. It is unclear whether municipalities such as Ocean City may try to enact harsher punishments as they do with open containers of alcohol.

The Blog will continue to follow Maryland marijuana policy with a close eye, and will also monitor other states and potential federal policy changes. On election day five other states provided voters with the ability to determine whether recreational cannabis would be legal, though only Maryland and Missouri voters approved the measures. Voters in Arkansas, North Dakota and South Dakota all declined to legalize marijuana. South Dakota voters had previously passed legalization in 2020, but the vote was declared invalid by the state’s highest court. If you have a question about the new marijuana laws or a past CDS case feel free to call Maryland drug crime lawyer Benjamin Herbst anytime at 410-207-2598. Benjamin specializes in manufacturing, possession with intent to distribute and drug trafficking charges such as large amount and importation. He also has extensive experience representing those charged with conspiracy and participation in a criminal gangs. Contact Benjamin to find out which defenses may be available in your state or federal drug case anytime, 7 days a week.

Published on: April 28, 2022

Marijuana Legalization in Hands of Voters

By Benjamin Herbst

The legalization of marijuana in Maryland is now officially in the hands of the voters, as the cannabis reform bill became law at the recent close of the 2022 legislative session in Annapolis. Rather than endorse the bill with his signature, the governor simply let it take effect without a veto. The difference is mere from over function, and accumulating the votes is the only major hurdle that remains for state sponsored recreational cannabis. House Bill 837 lays out the basic rules for implementation of the policy, and if the referendum passes in November, lawmakers will be back at it in 2023 to provide the finishing touches. The bill is over 50 pages and packed with financial and data collecting components that we will not dissect in this post. Rather, we’ll focus on the criminal law aspects of the bill that will have a direct impact on law enforcement’s marijuana related contact with citizens.

There are two important dates to mark down when first reading the bill, as none of the provisions will become state law immediately upon passage of the referendum in November. Assuming the voters do what the polls have predicted and vote yay on the law, the earliest date that marijuana will officially become legal is July 1, 2023. But, come January of 2023 it will no longer be a crime to possess more than 10 grams of marijuana. The new threshold amount for criminal charges to kick in will become 2.5 ounces. Possession of marijuana less than 2.5 ounces will temporarily become a civil offense punishable by a fine of up to $250. If the amount is less than 1.5 ounces the fine will be capped at $100. The legislature has also finally considered the various forms of cannabis products in the new law, and that is a good thing for those who are found with products such as concentrates and edibles. Currently a person in possession of a THC vape cartridge or a container of gummies could face charges for possession not marijuana, which is a more serious offense than possession over 10 grams. The new law includes all THC related products and breaks them down into a “civil amount” and a “personal use” amount. A civil amount includes less than 2.5 ounces of flower cannabis, less than 20 grams of concentrates (oil or shatter) and less than 1,250 milligrams of general THC products (edibles). A personal use amount is less than 1.5 ounces of flower, less than 12 grams of concentrates and less than 750 milligrams of THC edibles. Personal and civil use will dictate the amount of fines, and the amount a person is able to share with another. Assuming the referendum passes, the legislature will have to decide whether to use the same personal use or civil use amounts, or different amounts that would be legal for adults to possess.

Another major criminal law component of the bill includes modified penalties for possession with intent to distribute marijuana and manufacturing (growing) cannabis plants. Come 2023 it will no longer be a felony to sell, grow or possess with intent to distribute pot or THC products. The potential punishment will be a misdemeanor with a 3-year maximum jail sentence, though trafficking in marijuana will remain a felony. Manufacturing charges will only apply to adults over the age of 21 growing more than 2 plants, and the 2-plant limit applies to the entire household. It will not be a crime starting in 2023 to grow up to two cannabis plants in a home, as long as certain safety precautions are met. Other provisions of the law include mandatory expungement and the release of those serving jail time for marijuana possession cases and the shortening of the expungement process for possession with intent to distribute marijuana.

Continue reading →

Published on: March 29, 2022

Two Marijuana Legalization Bills Pass House

By Benjamin Herbst

The Maryland House of Delegates has done its part to assure that Maryland will legalize the recreational use of marijuana in the near future, and now the matter is in the hands of the Senate. Back in December we posted about House Bill 1 that was pre-filed before the 2022 legislative session began in Annapolis. The bill was designed to get the ball rolling and establish that legalizing marijuana would ultimately be up to Maryland voters in the November general election, and it passed easily in the House. The next step was to hammer out the specific regulations regarding recreational cannabis use, and this bill, House Bill 837 also passed easily. Last week both of these bills were up for discussion in the Senate, and it appears there will be no major roadblocks to coming up with a mutually agreeable policy.

House Bill 837 lays a detailed foundation for what Maryland citizens can expect if recreational cannabis passes in November. Senate Bill 833 attempts to carve out the same regulations, but it differs slightly in terms of lawful amounts and potential punishments for violations. The bill that ultimately passes the General Assembly will probably be a conglomerate of both bills, so at this point we’ll just point out the general rules that citizens can expect when pot becomes legal in 2023. The House and Senate both agree that the lawful amount of marijuana a person can possess in public should be more than 10 grams. The House is currently proposing a personal use limit of 1.5 ounces or 2 plants, while the Senate is proposing 2 ounces or up to 4 plants. It seems that anyone 21 or older will be able to possess at least 1.5 ounces without fear of being issued a civil citation for unlawful possession of marijuana. The House also included a separate threshold for the “civil use amount” but his seems unnecessary and confusing. Both the House and Senate seem to agree that smoking pot in public should be a civil offense punishable by a fine. Those who are in violation would be issued a civil violation citation by a police officer, which is similar to a traffic citation. The person receiving the citation could pay the fine, request community service in lieu of the fine or request a trial date to contest the citation (or ask for probation before judgement). Defendants who are charged with civil marijuana violations must respond to the citation in some manner, or risk having their case become part of the public record.

The House and Senate also addressed the cultivation of marijuana and potential violations for exceeding the permitted amounts in their respective bills. The House seemed to bring the hammer when it comes to growing pot, as its proposal makes it a misdemeanor punishable by up to 3 years in jail for growing more than 2 plants. The Senate bill maintains that growing more than 4 plants would be illegal, but only trigger a civil violation. It is important to understand that the eventual recreational cannabis law would still prohibit distribution or possession with intent to distribute. There has been no indication that this offense would be reduced to a misdemeanor, though at some point in the future this could be something lawmakers consider. The Maryland sentencing guidelines are already changing this summer independent of cannabis legislation, and the recommended sentences for most drug cases are thankfully decreasing. It would be nice if we could affirmatively say that no street level marijuana transactions could result in a jail sentence, but it seems we’re just not there yet. On the other hand, the House and Senate seem to agree that those with prior marijuana related cases should not be at risk of damaging background checks. When the law goes into effect next year it will almost certainly include provisions for the automatic expungement of older cannabis cases.

Continue reading →